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Letter Informing Debt Collector of Unfair Practices in Collection Activities

State:
Multi-State
Control #:
US-4124SB
Format:
Word; 
Rich Text
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Description

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.

A Letter Informing Debt Collector of Unfair Practices in Collection Activities is a document used to inform a debt collector that they are violating consumer protection laws by engaging in unfair practices in their collection activities. These practices can include harassment, making false statements, failing to provide proper validation of the debt, or attempting to collect fees or interest not authorized by the original creditor. This letter is used to inform the debt collector of the violations and to request that they cease their illegal practices. There are two common types of Letter Informing Debt Collector of Unfair Practices in Collection Activities: 1. Cease & Desist Letter: This letter informs the debt collector that their collection activities are in violation of consumer protection laws and demands that they immediately cease all collection activities. 2. Request for Debt Validation Letter: This letter requests that the debt collector provide a validation of the debt, including the amount owed, the original creditor, and the legal basis for collecting the debt. If the debt collector fails to provide this information, it is in violation of consumer protection laws.

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FAQ

Your FDCPA dispute rights are a powerful tool. Once you dispute the debt, the debt collector must stop all debt collection activities until it provides you with proof that you actually owe the debt. If the debt collector can't provide you with that proof, it will never bother you again.

Harassment of the debtor by the creditor ? More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

Debt collectors violate the Fair Debt Collection Practices Act (FDCPA) when they harass, oppress, or abuse you. It's harassment when debt collectors: Place repetitious phone calls or use electronic communications ? such as text, email, and social media messages ? intended to harass, oppress, or abuse you or any person.

Threaten you with violence or harm. Use obscene or profane language. Call you repeatedly. Call you before a.m. or after p.m. without your permission. Call you at work, if you forbid it in writing.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

What parameters should you include in a collection dispute letter? Your details ? name, address, official email address, etc. Request for more information about the creditor. Amount of debt owed. A request note to not report the matter to the credit reporting agency until the matter is resolved.

A debt collector in collecting a debt, may not harass, oppress, or abuse any person. Specifically, a debt collector may not: Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person.

In addition to paying for emotional and physical damages and lost wages, a collector who violates the FDCPA may owe statutory damages of up to $1000 to the debtor. Statutory damages may also be awarded if the consumer proves the collector violated the FDCPA, even if no harm has been done.

More info

I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Send this letter as soon as you can -- if at all possible, within 30 days of when a debt collector contacts you the first time about a debt.The FTC enforces the Fair Debt Collection Practices Act ("FDCPA"), which prohibits deceptive, unfair, and abusive debt collection practices. The Fair Debt Collection Practices Act prohibits debt collectors from using abusive, unfair or deceptive practices when attempting to collect a debt. Harassment. Sample Paid in Full Letter Informing Collectors of Your Final Payment. . I am writing to inform you of your legal notice under the Federal Fair Debt Collection Practices Act (FDCPA) that I refuse to pay this debt. With debt collectors. 1. In New York, a debt collector cannot collect or attempt to collect on a payday loan. I am responding to your contact about collecting an alleged debt. The Fair Debt Collection Practices Act (FDCPA),.

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Letter Informing Debt Collector of Unfair Practices in Collection Activities